There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.
There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.
Under federal and some state laws, certain information must be posted on a bulletin board where all employees can see it. But that shouldn’t be the same slab of cork where employees are allowed to offer free kittens, sell cookies or tack up a lost glove.
Having a group of employees interview job applicants is a great way to identify the best candidates. But a would-be supervisor may disagree with a hiring committee’s candidate recommendation. If that happens, be sure to document exactly why he or she rejected the committee’s choice.
The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.
Somewhere out there, there’s someone very unhappy that he either didn’t get the job he sought from you, or left on terms he didn’t get to dictate. Realizing there’s so little downside to suing an employer, he’ll soon identify one place he can cynically mine for loopholes that he and his lawyer can use to slam you. That place is your employee handbook.
Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.
I work for a police department. When we need to counsel an employee, but not yet discipline them, how do we document the counseling session?
An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.
Courts don’t like to second-guess employers for managing their businesses as best they see fit. But how (and how consistently) you change those rules can make a big difference in your exposure to legal liability.
If you pay managers or executives more for achieving diversity, equity and inclusion goals, you might attract the attention of EEOC lawyers intent on curtailing DEI initiatives—and you could find yourself the target of a lawsuit.